HRBA2WatGov/checklist
From WaterWiki
This checklist is to enable you to track and assess the status of the main global and regional conventions on human rights with impacts on water management in your country.
- Checklist for Country Assessment
- The checklist in this section is intended to systematize the way you conduct a baseline assessment in a specific country or region. It will help you to identify gaps in the regulatory and administrative structures of a country, as well as technical capacity needs. It should be underlined that the checklist is not exhaustive. It aims to ensure sufficient level of detail in order for you to make an informed assessment of the situation without being an excessively time and resources consuming.
Status of the main human rights conventions & other relevant instruments
This checklist is to enable you to track and assess the status of the main global and regional conventions on human rights with impacts on water management in your country.
Conventions
- Universal Declaration of Human Rights: Ratified (...)
- International Covenant on Economic, Social and Cultural Rights: Ratified (...)
- Convention for the Rights of the Child: Ratified (...)
- Convention on the Elimination of all forms of discrimination against Women: Ratified (...)
- Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment: Ratified (...)
- International Convention on the elimination of all forms of racial discrimination: Ratified (...)
Regional Instruments (Europe)
- CoE Convention for the Protection of Human Rights and Fundamental Freedoms): Party to the Convention
- CoE (Framework Convention for the Protection of National Minorities): Signed (...) | Ratified (...) | Entered into force (...)
- UNECE Convention of the Protection and Use of Transboundary Watercourses and International Lakes: Ratified (...)
- UNECE Protocol on Water and Health: Signed (...) | Ratified (...)
- UNECE Aarhus Convention: Signed (...) | Ratified (...)
- UNECE PRTR Protocol: Signed (...)
Transboundary water courses agreements (if applicable)
- Rhine: ...
- Danube River Protection Convention: ...
- Other cooperation agreements with neighboring countries on shared water resources:
- ...
- ...
- ...
- ...
Assessment of country context for effective implementation of a HRBA to water
This check list aims to facilitate the assessment of the enabling environment in the country as well as identify any socio-political issues in the country.
Priorities for human development in the country (development plan)
...
Integration of WSS in the development plan
...
Current level of achievement of the MDGs on WSS
...
Support in the country for HRBA to Water Governance
...
Respect of rule of law in the country
...
Fight against corruption in the country
...
Minority and vulnerable and marginalised groups in the country with regard to access to WWS
...
Any discriminatory practices identified and reasons for this
...
Transboundary water courses/bodies problems
...
UNDP indicators of human development - vulnerability and poverty in the country
...
National resources (budget and programmes) – notice that according to UN, countries should spend 1% GDP for WSS
...
Identification of programmes and projects in the country (national and international)
- ...
- ...
- ...
- ...
- ...
Identification of relevant NGOs and service providers
...
Main water users (linked to previous but useful to balance interests and prioritise access
...
Indicators (e.g., number of persons connected, development of disaggregate indicators)
- Population size: ...
- Population using “improved water source”: ...
- Population using “improved sanitation”: ...
- Urban population connected to centralized water supply systems: ...
- Rural population connected to centralized water supply systems: ...
Figures taken from UNDP Human Development 2006 Report. Note these figures should be considered with caution as there are some differences in the data for “improved access” and specific figures on “access”. An illustrative example is the one above where it was found that over 90% of the population had access to improved water sources, yet some estimation indicate almost 40% of the water pumped do not meet the health criteria. The discrepancies in the data put to the fore, the difficulty in assessing the situation on the ground.
Infrastructure
- Waste water treatment plants
- No information | Nothing in place | Poor conditions | Adequate | Excellent
- Water infrastructures to convey water to urban areas
- No information | Nothing in place | Poor conditions | Adequate | Excellent
- Water infrastructure to convey water to rural or isolated areas
- No information | Nothing in place | Poor conditions | Adequate | Excellent
- Private wells
- No information | Nothing in place | Poor conditions | Adequate | Excellent
Strategies and plans developed at national, regional or local level
The implementation plans should establish specific targets, indicators and time frames and identify the national and international resources available. They should be realistic in terms of resources available and timing (prioritisation is needed).
- National strategy for equitable management and governance of water
- No information | Non-existent | Poor (framework only) | Adequate | Excellent
- Regional/local action plans on water and sanitation
- No information | Non-existent | Poor (framework only) | Adequate | Excellent
- Cooperation on transboundary waters
- No information | Non-existent | Poor (framework only) | Adequate | Excellent
- Adaptation to climate change plans
- No information | Non-existent | Poor (framework only) | Adequate | Excellent
- Water efficiency programmes and incentives
- No information | Non-existent | Poor (framework only) | Adequate | Excellent
- Water infrastructure financing strategies
- No information | Non-existent | Poor (framework only) | Adequate | Excellent
- Other strategies [add lines as needed] e.g., IWRM plan, PRSPs, UNDAF, MDG etc
- ...
- ...
- ...
Policy and legislation to implement a HRBA to water
This checklist is for evaluating the adequacy and completeness of the legislation in place in a given country for implementing a HRBA to water governance. The checklist asks whether the specific requirements have been adequately established in the national legal order. The check list follow the three main elements of the right to water established in the national legal order. The check list follow the three main elements of the right to water (accessibility, affordability, and water quality and availability), policy and legislation. Monitoring and enforcement are included in the next section.
Basic water management
- A right to water and sanitation is formally recognized in the relevant laws/constitution
- No information | Nothing in place | Poor | Adequate | Excellent
- Competent authorities and responsibilities clearly identified
- No information | Nothing in place | Poor | Adequate | Excellent
Accessibility
- Prioritization for water access clearly established in legislation –differentiated by sector
- No information | Nothing in place | Poor | Adequate | Excellent
- Provision to extend WSS services to marginalised and vulnerable areas and groups
- No information | Nothing in place | Poor | Adequate | Excellent
- Access to traditional water sources in rural areas protected
- No information | Nothing in place | Poor | Adequate | Excellent
- Specific provisions on access to water in schools, hospitals, prisons and refugee camps
- No information | Nothing in place | Poor | Adequate | Excellent
Affordability
- Adequate regulatory system in place for private or public water and sanitation service providors - procurement and concession
- No information | Nothing in place | Poor | Adequate | Excellent
- Pricing policies transparent with flexibility and cross-subsidies –differences between different sectors
- No information | Nothing in place | Poor | Adequate | Excellent
- Specific measures on disconnection to address poor and marginalised people concerns
- No information | Nothing in place | Poor | Adequate | Excellent
Water quality and availability (resource allocation)
- Water quality standards established and realistic
- No information | Nothing in place | Poor | Adequate | Excellent
- Priority substances identified and regulated (elimination)
- No information | Nothing in place | Poor | Adequate | Excellent
- Specific rules for drinking water catchments areas
- No information | Nothing in place | Poor | Adequate | Excellent
- Waste water treatment regulated in the legislation
- No information | Nothing in place | Poor | Adequate | Excellent
- Water discharges and extraction regulated in legislation (e.g., permits
- No information | Nothing in place | Poor | Adequate | Excellent
- Standards setting a minimum amount of water for personal and domestic uses per person or household
- No information | Nothing in place | Poor | Adequate | Excellent
- Integrated water resource management approach followed in legislation
- No information | Nothing in place | Poor | Adequate | Excellent
- River basin management approach
- No information | Nothing in place | Poor | Adequate | Excellent
Please use the space below to list the relevant laws and administrative regulations
Institutional and administrative structures and procedures
For legislation to be effective, adequate institutional and administrative structures and systems need to be in place to ensure that legal requirements are implemented and enforced. Evaluation of the adequacy of institutional and administrative structures needs a different approach towards the elements involved. A coordination structure that consists only of information exchange or that has been named on paper but never meets in fact would be scored as “poor”. A coordination structure that meets on an ad hoc basis would be considered “adequate”. A coordination structure that has the form of a committee or working group, has specific competences set forth in a regulation or memorandum of understanding and is fully operative (e.g. meets regularly) would be scored as “excellent”.
Institutional issues
- Decision making body for taking policy decisions (a Ministry)
- No information | Nothing in place | Poor | Adequate | Excellent
- Structures for coordination among relevant government bodies
- No information | Nothing in place | Poor | Adequate | Excellent
- Staff in the relevant Ministries assigned responsibility for water issues
- No information | Nothing in place | Poor | Adequate | Excellent
- Regulatory body at national or regional level (different from policy decision)
- No information | Nothing in place | Poor | Adequate | Excellent
- River basin management authorities
- No information | Nothing in place | Poor | Adequate | Excellent
- Local authorities for service provision
- No information | Nothing in place | Poor | Adequate | Excellent
- Consultation bodies (national, regional or local) with equitable representation
- No information | Nothing in place | Poor | Adequate | Excellent
- Independent institutions in charge of monitoring the right to WSS (human right commission or regulatory agencies ensuring full transparency and accountability)
- No information | Nothing in place | Poor | Adequate | Excellent
Administrative structures
- Monitoring systems in place to spot water pollution and illegal abstractions (surface and groundwater)
- No information | Nothing in place | Poor | Adequate | Excellent
- Inspectorates or other structures for enforcement of basic requirements
- No information | Nothing in place | Poor | Adequate | Excellent
- Systems for regular reporting to Convention secretariats
- No information | Nothing in place | Poor | Adequate | Excellent
- Bodies for cooperation on Transboundary water courses
- No information | Nothing in place | Poor | Adequate | Excellent
Monitoring & enforcement
- Provisions to carry out monitoring of water status and de-pollution
- No information | Nothing in place | Poor | Adequate | Excellent
- Requirements to carry out inspections
- No information | Nothing in place | Poor | Adequate | Excellent
- Penalties for breaches of the legislation
- No information | Nothing in place | Poor | Adequate | Excellent
Cross-cutting issues
Access to information & transparency
- Provisions requiring authorities or private companies to disseminate information on water issues (pollution and polluters)
- No information | Nothing in place | Poor | Adequate | Excellent
- Provisions ensuring a right to access to information upon request on water information held by authorities or third parties
- No information | Nothing in place | Poor | Adequate | Excellent
- Systems for dissemination of information on water pollution (e.g., PRTR in place covering both intentional, unintentional & diffuse releases/transfers)
- No information | Nothing in place | Poor | Adequate | Excellent
- Administrative systems for prompt responses to requests for information from the general public
- No information | Nothing in place | Poor | Adequate | Excellent
- Guidelines on information held by authorities and how to request access to that information
- No information | Nothing in place | Poor | Adequate | Excellent
- Secure data management systems to handle commercially sensitive information and personal data
- No information | Nothing in place | Poor | Adequate | Excellent
- Guidelines for authorities on how to apply commercial confidentiality requirements, including when to disclose because of public interest
- No information | Nothing in place | Poor | Adequate | Excellent
Public participation
- Non-discriminatory right of participation in decision-making process regarding to water (management, services, projects, installations
- No information | Nothing in place | Poor | Adequate | Excellent
- Environmental impact assessment legislation including water projects and public participation
- No information | Nothing in place | Poor | Adequate | Excellent
- Procedures for enabling public participation in decision making
- river basin management plan; provision of water services; regulation and monitoring of service providers; infrastructure and development projects
- No information | Nothing in place | Poor | Adequate | Excellent
- Equitable representation of minorities and marginalised groups
- No information | Nothing in place | Poor | Adequate | Excellent
Accountability (including access to justice and Redressing mechanisms
- Effective right to access to justice on water claims against government and/or private parties (pollution, failure to provide services and so on)
- No information | Nothing in place | Poor | Adequate | Excellent
- Effective legal remedies when access to information or public participation are denied
- No information | Nothing in place | Poor | Adequate | Excellent
- Judicial or administrative body to solve water claims
- No information | Nothing in place | Poor | Adequate | Excellent
- Arbitration mechanisms
- No information | Nothing in place | Poor | Adequate | Excellent
Please use the space below to list the relevant laws and administrative regulations
Stakeholders capacity
This section is to be used for assessing the technical capacity of various stakeholders to implement a HRBA to WSS. The stakeholders have been divided into governmental officials at central level and local level; civil society, farmers and industry. It is intended to be a first step towards identifying needs for technical assistance, including training and investment in equipment and infrastructure.
Government officials at central level
- Central/national laboratory for testing of chemicals in water
- No information | Nothing in place | Poor | Adequate | Excellent
- Monitoring instruments for surface and groundwater
- No information | Nothing in place | Poor | Adequate | Excellent
- Computers and internet access for all officials responsible for water management
- No information | Nothing in place | Poor | Adequate | Excellent
- Databases of information on chemicals and priority substances, polluters
- No information | Nothing in place | Poor | Adequate | Excellent
- Officials trained in HRBA (human rights standards) and water issues
- No information | Nothing in place | Poor | Adequate | Excellent
- Trained inspectorates and enforcement authorities
- No information | Nothing in place | Poor | Adequate | Excellent
Government officials at regional & local levels
- Regional and Local authorities trained on HRBA to WSS
- No information | Nothing in place | Poor | Adequate | Excellent
- Databases of information on chemicals and priority substances, polluters
- No information | Nothing in place | Poor | Adequate | Excellent
- Computers & internet access for local officials responsible for chemicals management
- No information | Nothing in place | Poor | Adequate | Excellent
- Local laboratories for testing drinking water
- No information | Nothing in place | Poor | Adequate | Excellent
- Transportation & communication equipment to enable monitoring/ inspection/enforcement
- No information | Nothing in place | Poor | Adequate | Excellent
CSO, NGOs and others
- Civil society aware of their rights and how to exercise them
- No information | Nothing in place | Poor | Adequate | Excellent
- Civil society organised and active (providing training, participating, advocacy activities)
- No information | Nothing in place | Poor | Adequate | Excellent
- Computers with internet access
- No information | Nothing in place | Poor | Adequate | Excellent
- Information on low cost technologies
- No information | Nothing in place | Poor | Adequate | Excellent
Water services providers
- Low cost technologies
- No information | Nothing in place | Poor | Adequate | Excellent
- Water treatment technologies (primary, secondary)
- No information | Nothing in place | Poor | Adequate | Excellent
- Monitoring equipment
- No information | Nothing in place | Poor | Adequate | Excellent
Farmers & agricultural workers
- Training on safe pesticide management, including waste management and access to information on alternative pest control methods
- No information | Nothing in place | Poor | Adequate | Excellent
- Awareness on impact of agricultural and farming practices in water (private wells)
- No information | Nothing in place | Poor | Adequate | Excellent
Industry (including industry workers)
- Training on impacts of industrial activities on water
- No information | Nothing in place | Poor | Adequate | Excellent
- Capacity (equipment, skills) to self-monitor releases of chemicals
- No information | Nothing in place | Poor | Adequate | Excellent
- Wastewater treatment in place
- No information | Nothing in place | Poor | Adequate | Excellent
Health practitioners
- Doctors & other health workers trained to identify cases of water born diseases
- No information | Nothing in place | Poor | Adequate | Excellent
- Monitoring of health issues related to poor access to WSS and reporting
- No information | Nothing in place | Poor | Adequate | Excellent
- Computers with internet access / access to Internet-based health information
- No information | Nothing in place | Poor | Adequate | Excellent
Awareness raising and education campaigns
- Education programmes on water
- No information | Nothing in place | Poor | Adequate | Excellent
- Dissemination of technologies
- No information | Nothing in place | Poor | Adequate | Excellent
- Gender and marginalised groups problems addressed
- No information | Nothing in place | Poor | Adequate | Excellent
- Hygiene promotion campaign
- No information | Nothing in place | Poor | Adequate | Excellent
International programmes
See above section #Identification of programmes and projects in the country (national and international)
References
